>> bret: oh, yes. thanks for i object violating us into your home tonight. that's it for "special report," we are in dallas tomorrow and thursday. fair, balanced and unafraid. this is the fox report. tonight, charges dropped. the man once accused of sending ricin in the mail to the president. now cleared. and in boston, burying the dead. the youngest victim killed in a marathon attack laid to rest. plus, lawyers for the dead suspect's widow speak out. >> shepard: her lawyers claim she had no idea what her husband was plotting. [siren] >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. >> and they tell us she is cooperating with the feds. now the man who says the accused bomber's car jacked him talks about his

dramatic escape. plus, why it could soon cost you more to shop online. >> this is simply about leveling the playing field. >> but it is anything but fair. >> the new plan for an internet sales tax. and a little boy in the jaws of an 8-foot alligator. >> trying to bite my arm off. >> hitting him in the head really wasn't doing anything. it was like hitting a bring wall. >> tonight, his father reveals the trick that saved his son's life. my mom and dated having the nightmares. i'm sleeping good. >> you will meet him. but first from fox this tuesday night. american investigators traveled to russia today to question the parents of the accused boston marathon bombers. that's what an official at the u.s. embassy is telling the associated press. the official says the russian government is cooperating with the fbi and helped arrange this interview. of course, as we have been reporting here, fox news

has learned the russians asked the fbi to investigate the older brother two years ago. he is the one who died in the shootout with police. the fbi reports it did not find any terrorism activity at the time. a year later, officials tell us the same brothers spent six months in russia. but we're getting conflicting reports about what the feds knew about that trip. tonight, one lawmaker says there is no doubt that the older brother was adominant force behind the attack. tonight, the younger brother is still in the hospital in boston. doctors say they have upgraded his condition from serious to fair. it's fox top story and catherine herridge is live for us in washington. catherine, tell us if you can what more we are learning from this trip and what is on capitol hill the hearings were about. >> shep, the senate judiciary committee asking homeland security secretary janet napolitano pointed questions about the investigation of tamerlan tsarnaev and his six months in hush shah. >> was your department aware of his travels to russia and, if you weren't, the reason.

>> the travel in 2012 that you are referring to? yes, the system pinged when he was leaving the united states. by the time he returned, all investigations had been -- the matter had been closed. >> but napolitano's statements fbi member and judiciary committee. >> the fbi told me they had no knowledge of him leaving or coming back. the name was misspelled so i would like to talk to you more about this case. how this man left, where he went and when we say there was no broader plot here, i just don't know how in the world we know that at this early stage. >> during his trip last year, russian media reporting that tamerlan tried to renew his passport and abruptly left the country before picking it up with no slangs. a russian newspaper editor explaining to fox today the

russians simply don't have a no fly list, shep. >> shepard: that was a public hearing on capitol hill that we are seeing there catherine. there was a closed door hearing as well. anything? >> after the closed door session from the assistant director of the fbi, the same ad that briefed senator graham both republicans and democrats questioning whether there was a failure to adequately share information about the boston's suspect's trip and the fbi investigation before the bombings. >> we need to see if there are any loopholes in it that we fix those loopholes. that is troubling to me that this many years after the attacks on our country in 2001 that we still have seem to have stove pipes that prevent information from being shared effectively. >> well, unnamed u.s. official says the working theory of investigators is that the two brothers acted alone. after the fbi briefing both senator feinstein and the ranking republicans saying it's too early to rule out overseas ties. >> they constructed the weapons inside the united

states. did they have some sort of training or inspiration or coaching inside or outside the united states? that's still all under investigation. we don't have the answers to it yet. >> the senators telling reporters late today that the fbi is reconstructing tamerlan's trip to russia, shep. >> shepard: catherine, thanks. most americans think the feds are doing a good job protecting the nation from terrorism. 70% of registered voters approve of the job the doing. more than 90% approve of the how the law enforcement handled the boston bombings. the media didn't do as well. got a 55% approval rating moan says he came face-to-face confirming the story now. carjacked the man thursday night before the shootout with the cops. as we reported last night. according to the criminal complaint. one of the brothers told the victim, quote: did you hear about the explosion in boston? i did that. trace gallagher live tonight. what's the victim saying

now? says he thought they were going to kill hill. the victim who does not want to be identified in this thing at all says he was parked along the side of the road in cambridge in his sufficient when he believes the brother came up and tapped on his window and then put a gun up to his face and got in the car according to the boston globe we killed a cop. we set off the bomb we are going to new york. don't blank with us. they drove to a different destination to pick up the younger brother filled if up the trunk with explosives and ammunition. they asked them where i was from i told them i was chinese. i was very scared. i asked if they were going to hurt me they said they won't hurt me. i said i think they will kill me later. the reason they did not kill him is because he was not an american. shep? >> shepard: how did the carjacking victim get away, trace? >> he told the brothers that he was low on gas. they pulled into a local

shell station and the older brother got out to pump the gallons. the younger brother actually went inside the convenience store to get some red bull and some chocolate. that's where this surveillance photo came. the man says, quote: i thought it was a very good chance for me to run. so i made a judgment i used left hand to unbuckle belt and right hand to open the door. i jumped out of the car and ran across the street. the guy outside the car, meaning the brother tried to catch me using his hand. he tried to catch me but i ran very fast. he ran across the street to another gas station and then told the clerk there to call 911. the brothers by then had actually jumped inside his suv and fled. and, of course, now we know it was just minutes later that the car chase and the shootout began. shep? >> shepard: brothers for the older widow say she go is doing everything she can to help with the investigation. they tell us she feels deep sorrow for all of the victims of the attack. they won't say whether she

is actually talking to the feds. a live update from boston coming inside "the fox report." big changes in the case of those poisoned letters that somebody sent to the president. and to the mississippi senator roger wicker. today prosecutors dropped all charges all of them against the initial suspect. is he free tonight just one hour ago. paul kevin curtis, that's his name. had some very nice words to say to his attorneys. divine intervention led this beautiful blue eyed angel to my jail cell through my daughter and a connection with her friend i see have always said my daughter has a direct link to jesus he lifnsz to her prayers. she felt chills, she knew she had to do something to. my rescue she came and for the first time in 13 years i have had real representation from an attorney at law. >> shepard: his 20th attorney in 13 years. at first he thought investigators were saying rice. not ricin. he added i don't even eat

rice. remember the feds had arrested curtis last week in his corinth, mississippi. they accused of him of mailing letters tainted with ricin to president obama and senator wicker. the investigation -- the charges are gone but investigation ♪. life changing day for that guy. >> >> life changing day for kevin curtis was last wednesday when he was arrested in his driveway charged with threatening the life of the president. over the years curtis had written several on the internet most of which he had signed i'm kevin curtis and i approve this message. language to that similar to that contained in the poison letters sent to the president and senator wicker and others i'm kc and i approve this message. i spoke with his brother last week who claims that kevin curtis was framed. that he suffers from by poll lab disorder and does subscribe to government conspiracy stories. big mistake in arresting him as all

were dropped today. kevin curtis insisting he would never do anything like what he was charged with. listen. >> i love my country. and would never do anything to pose a threat to him or any other u.s. official. this past week has been a nightmare for myself and my family. my mother has suffered. as well as my children. i would like to get back to normal. >> so the question remains who did send those letters? today the fbi capital police and other law enforcement agencies searched the home of jay earth one time republican can indicate for state office. man who allegedly had email feud with curtis. he faces charges of child molestation says he let the fbi in today to clear his name. >> it just simply blows my mind that the paranoid antigovernment schizophrenic is the one

that wraps rats out me in his fantasy world who is a patriotic american. >> with curtis released of the perpetrator is still on the loose prompting senate homeland security chairman tom carper to say to fox news today, quote: if he is not the right guy, we need to find out who is and get him off the street and away from the post office, shep? >> we have learned that mail screening equipment defected another substance at the defense intelligence agency today at joint base anna cost i can't bolling in d.c. after a search they found no suspicious letters or packages. the president is just fine but it did a number on the markets. plus, we're hearing 911 calls from the night from the devastating explosion at fertilizer plant in

texas. >> cloud. look at that look at that something exploded. >> wow, coming up, we will play more of those calls. woman who survived the blast all from the journalists on the tuesday fox report. [ alarm clock ringing ] [ female announcer ] if you have rheumatoid arthritis, can youtart the day the way you want? can orenci(abatacept) help? could your "i want" become "i can"?

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>> shepard: seems hackers today claimed the white house was attacked, wiping out billions of dollars on wall street in an instant. there was no attack. the president's fine. but right after 1:00 here in new york. the associated press twitter account sent out this. breaking: two explosions in the white house and president obama is injured. of course, it's all fake. and the a.p. blames the hackers. just look what happened to the dow. can you see where it nose dived seconds after theward spread. bounced right back when it proved untrue. same story at the s&p. lost more than $130 billion in seconds. one trader described it as

pure chaos. you will be able to see behind me all the markets came to an end in the green dow up 152. fox business network ashley web city in our new york funeral newsroom, the fbi, federal trade investigating in a big way. >> they certainly are, shep. billions of dollars wiped out in just seconds. the securities and exchange commission says it doesn't have all the facts right now but it's to know how something like this can happen. of course, that is little comfort for the individual investor who literally stands there and watch the value of his or her portfolio just evaporate within seconds. traders, automated computers. the trades in a tenth of a second. put together with algorithmic software. what happens when you get a false rumor like that tweet today all of a sudden we see stocks plunging. sec wants to know how this can happen. the traders say you have

got to look at the computers. as for who is claiming responsibility for hacking into the a.p. twitter account. a group calling itself the syrian electronic army a group that supports president assad. they have done this many times before. claim responsibility for hacking other media outlets such as the bbc. "60 minutes" program and so on. none of that has been authenticated. certainly raises questions about the security efforts being made by twitter, been calls now for many years saying they need to do a better job preventing exactly what happened today from happening again. >> shepard: ashley, thanks. in texas, his tearia, in the minutes following last week's massive and deadly explosive at a fertilizer plant in the town of west. police say 50 people living within a mile first half hour. hearing the 911 call for the first time. >> all of our windows just

broke. i don't know what happened. the house shook and the power went out. there is a freaking cloud. look at that look at that. >> holy -- something exploded. all the windows, everything, it sound like a bomb. and i'm looking outside and there is like a bomb on 35. i don't know what is going on. [sobbing] >> we're requesting to have to do something. we don't have a place to stay. >> we'll be out there to help you with your house as soon as we can. i'm so sorry. [sobbing] >> oh my god. >> the explosion killed 15 people. another 200 hurt. one woman in the apartment complex directly behind that plant. her name is misty lambert. she looked out the window right when the explosion happened and the glass just came at her. she underwent 20 hours of surgery but says she is just happy to see her family. >> >> they keep me going day-to-day. i'm grateful to i have my life and my children are all still alive and able to be around me and see me.

>> 1,000 stitches on her face. 1,000 on her chest, arms, and face. her mother says she believes her daughter survived to be an abe gel to those children. well, your next buy on amazon or ebay could cost you a bit more. the senate today moving one step closer to a plan that would end tax-free online shopping as we know it reaction from capitol hill. and from retailers next on fox report. copd makes it hard to breathe... but with advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announce ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not bused more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may incrse your ri of osteoporosis

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>> shepard: your tax-free internet shopping might soon cop to an en. the u.s. senate moving forward today with a bill that would allow states to require that online retailers, like amazon and ebay correct state sales tax on everybody you buy. under the law right now a state can collect tax from an online company only if it has a physical presence in that state. supporters of what they are calling the marketplace

fairness act say that gives online retailers an unfair edge over bring and mortar shops which are required to tax all their customers. they say the bill would send the tax money to cash hungry states where online buyers live while leveling the playing field for all businesses. critics say it's another government tax grab. james rosen from washington tonight. has the white house weighed in on this. >> yes, shep. a spokesman for president obama came out in support of this measure yesterday just as the senate was veto voting 74 to 20 to advance this bill to the floor. retail trade yowps have been pushing for this since the year 2000. explosive growth in online shopping has led to showrooming, customers pricing things out in bring and mortar stores and ordering and avoiding sales tax online. opponents including ebay site the complexity of the transition here and say it will harm the country's fragile economic recovery. >> this has nothing to do with federal taxes. nothing. secondly, this bill does not impose any new taxes,

whatsoever. none. >> legislation we are considering would create an enormous compliance burden for a lot of small businesses out there making them tax collects for lots of far away jurisdictions. >> failure to collect cost the states 24 billion in revenue, shep. >> shepard: thanks, under the current version of the marketplace fairness act. sellers making less than a million dollars a year in out-of-state sales would be exempt from the state sales tax requirement. some big online retailers say that limit is far too low. ebay officials sullinger raising it to less than $10 million. the wife of the now dead bombing suspect in boston is ready to give her side of the story. what she is saying about the attacks coming up. plus, the gator in south florida that shows -- chose the wrong little boy for lunch. >> he is recovering very well. he sleeps all through the night. even the night that it happened -- >> -- actually, my mom and dad is getting the

nightmares. i'm sleeping good. [ laughter ] >> shepard: ha ha, ha ha. >> shepard: i love him. if you missed "studio b" today. you have got to meet the kid that survived the gator attack. that's coming up as we approach the bottom of the hour and the top of the news. he wants to race my niece. he would lose, i tell you. [ male announcer ] you've reached the age where giving up isn't who you are. ♪ this is the age of knowing how to make things happen. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action.

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>> shepard: favorite story of the day. a father saved his 6-year-old son's life after he found an alligator chomping on his son's arm. his known is joe welch.

he says he was in line to rent a canoe and says he heard a splash. and then joey screaming. dad says then he discovered this alligator biting his son's arm. he and a bystander started punching it over the head over and over. said it was like hitting a cinder block. finally hit his underrer belly and it let his 6-year-old boy go. amazingly he suffered minor scratches and bruises. today i spoke with father and son. >> shepard: was he trying to eat you, that alligator? >> yeah, of course. he was trying to bite my arm off. >> bill: did you scream or did you say anything? or what did you do? >> i screamed. i screamed. >> did that seem to scare said alligator? >> no. that was actually a punching and kicking because his belly the place where he doesn't like it. >> you must have been mighty proud of daddy, huh?

>> -- >> proud of daddy for getting that gator off of you? >> yeah. >> shepard: yeah. so the gator is biting. >> and my mom. >> shepard: go ahead now. >> and my mom said if i was dead already, she would be crying all the days of her life. >> shepard: awe. do you remember falling in the water, joey? >> yeah. >> you can swim pretty good? i haven't a 6-year-old niece. i have a niece your edge and she swims really well. do you swim well? >> i bet i can swim better. i can -- i can swim pool and touch the bottom all the way to the end. >> shepard: you are good to go i will tell sadie the challenge son. >> and hold my breath. >> shepard: sadie is in training the oxford pool. even though little joey says he is great swimmer. he admits it was difficult to swim with an alligator on his arm. i'm shepard smith. this is the fox report.

it's the womb of the hour, time for the top of the news. she is doing everything she can to help with the investigation. that from the lawyer of the american widow of one of the boston suspects. they won't say whether she has actually spoken to the feds. they do claim she has no information about the plot to attack the boston marathon. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. as a mother, a sister, a daughter, a wife, katie deeply mourns the pain and loss to innocent victims of course her husband died in the shootout with police. we are seeing pictures from the scene. eric shawn is live with us from there. what do these pictures show. >> dramatic photos that appear to show the actual gunfire of the brothers shooting at water town police. let's take a look at the first photo. taken by andrew who lives

in water town. says he heard the gunfire and went to the window and take a look. you can apparently see the brothers crouching right in front of the stolen black suv. see in the touch your screen? crouching in the gun firing position. shed to be shooting at the cops. second photo shows the police cars and their lights down the streech street. they are waiting for back judgment the third photo shows the pressure cooker bomb circled in red before it exploded. when it went off the street was filled with smoke and that tamerlan the older brother started running down the street charging cops. police say he ran out of bullets that's when they tackled him. that's what perhaps we can see in last photo. look at the top there. it appears to show some bodies on the ground maybe tamerlan and cops. dzhokhar speeding toward him in the car. that's when police say he ran over and killed his brother. also boston police today described the next day on monday, when dzhokhar was captured on the boat. >> as soon as we had gotten there, we detected movement in the boat we could see a

hand up poking at the top. whether they were trying to, you know, poke a hole in the top or if they had a handgun, we weren't sure. >> those photos just absolutely searing. shep? >> shepard: they really are. eric, more funerals today. >> yeah. funeral for a little boy fits the cold, gray day and somber mood of boston. the little 8-year-old martin richard was laid to rest today. 500 people attended his funeral mass. many of the children were crying. you know he was killed when he he was cheering on his dad at the race. his parents thanked the nation for their outpouring of love and support they said. also laid to rest today, 26-year-old mit campus police officer sean collier, tomorrow vice president joe biden and his wife will be here for a campus memorial at mit for officer collier who, shep, was not that much orderly than the mit students that he protected.

back to you. >> shepard: eric, attorneys representing the bombing suspect's sisters released a statement late this afternoon saying how hurt they are by the events last week. the statement reads our hearts go out to the victims of last week's bombing. it saddens us to see some innocent people hurt after such a callus act. as a family we are devastated by the sense of loss and sorrow this has caused. we don't have any answers but we look forward to a thorough investigation and hope to learn more. we ask the media to respect our privacy during this difficult time. the fbi confiscated items from one of those sister's' apartments in west new york new jersey. processed the evidence and cleared the two sisters. janet napolitano faced a slew of questions on capitol hill today over whether the u.s. needs tougher border security measures to represent meefnt nor boston bombing. latest in the sign that the am griggs debate has taken a new turn. g.o.p. lawmakers say the feds now need time to re-examine potential

loopholes in the immigration system before they pass any new bill. it's important to note here the two boston terror suspects came to the u.s. legally from russia. mike emanuel on capitol hill. the message from conservatives is clear here. it seems to be protect the borders first but these guys were legal. >> well that is true, shep. but on the issue of security, it is clear from the latest polling we are seeing that many americans are also concerned about security. the new fox news poll reveals 60% of those surveyed on security say measures at the border are not strict enough. while 32% say it's about right. that is an improvement over three years ago. meanwhile, the top committee republican on the senate judiciary committee say hammered security. >> we have a duty to protect the borders and the sovereignty of this country but i'm concerned that the bill we are discussing repeats the mistakes of the past and won't secure the border and stop the flow of illegal migration meanwhile the new fox news poll

reveals 78% of those surveyed favor a path to citizenship for illegals if they meet requirements, which is a component of the bipartisan senate plan. that is up six points from february. shep? >> shepard: what about attitudes on legal immigration? >> that's fascinating as well. take a look at the latest numbers from the fox news poll. 55% say the u.s. should decrease the number of legal immigrants aloud. a big bump from may 2010. as you mentioned, the two boston suspects were legal immigrants, meanwhile, the homeland security secretary say the bipartisan senate plan would be a good thing. >> the bill will help with this because it requires that passports be electronically readable as opposed to having to be manually input. it really does a good job of getting human error to the extent it exists out of the process. >> she believes in the bipartisan plan. many up here on capitol hill are trying to move the

immigration process forward. there will be plenty of discussions still to come. shep? >> shepard: mike emanuel, thanks. new report that shows a big drop in the nation's foreclosures. numbers we haven't seen in years. analysts say we are not out of the woods just yet. plus, you are probably going to lose when you hit up vegas. but it's ♪ just casinos taking your cash. turns out getting around the strip may cost you more than it should. that's ahead. but, first, it's still coming down in the midwest. thousands of people are already dealing with days of torrential rains and flooding. a dozen states under warning and first alert forecasters say there could be more wet weather for folks living along rivers and other water ways. janice dean the extreme weather machine. wet weather. >> unfortunately more rain coming down on jerry's that are flood prone. areas that saw record setting flooding over the last week. and unfortunately we're going to continue to see these flood warnings across a dozen states. state of emergency in several of these, more rain through the night and into tomorrow, but there will be a drying out period. as we head into the latter

part of this week and the other big story is the cold temperatures. so cold we're probably going to set some records tonight across the panhandle of texas. we're going to get into the 20's. so snuggle up, stay warm, and stay tuned. more fox report when we return. a happen to us. i'm here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. an artery in your heart, it's called the widow maker. and mine was 95% blocked. they took me to the hospital, and the doctor put me on a bayerspirin regimen. [ male announcer ] aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. i'm a blue-collar worker. to me, bayer aspirin is another tool. go talk to your doctor. you're not indestructible anymore. ♪ you're not indestructible anymore. but i wondered what a customer thought? describe the first me you met. you brought the flex in... as soon as i met fiona and i was describing the problem we were having with our rear brakes, she immediately triaged the situation, knew exactly what was wrong with it, the car was diagnosed properly, it was fixed correctly

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humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, to policies come with new car replacement and accident forgiveness if you qualify. see what ee comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? >> shepard: positive sign for the housing recovery. number of houses in foreclosure lowest number since 2009. according to actor may reserve' can.

20% deline from last year. analysts still lock way to go to reach the levels before the 2008 housing bubble burst and sent foreclosures through the roof. peter barnes with more if there d.c. what about delinquent mortgages tonight, peter. >> the number of mortgages with missed monthly payments has fallen to below 5 million for the first time since august 2008. that's down from a peak of about 7.7 million delinquent mortgages in january 2010. this new report from learned processing services covers homeowners who missed their regular monthly payment to those in the foreclosure process as of march. it says it is not just the improving economy, more people with more jobs so they can make their payments. it's also banks modifying more loans. restructuring them with lower interest rates or other better terms to help keep families in their homes. >> we have seen foreclosures stick near historic highs for some time. but now as modification efforts or actually ramping back up again and the process is starting to move

at least in some areas. we're starting to see that inventory decrease. >> but there is still a way to go before the nation's housing crisis is behind us. lps estimates in a healthy economy, the number of noncurrent mortgages would be about half again their level of last month. shepard? >> peter, thanks. turns out the biggest rip offs in vegas may not be the slot machines at all. last year sin city taxicab drivers overcharged passengers by teeflghts nearly $15 million. according to clark county audit. nearly quarter of those rides, the driver took the scene nic route in order to run occupy the meter. no response by the taxicab required to respond. neighborhood gas line explodes and tops our news across america.

california. underground pipe in bakersfield. heard a loud boom and saw workers running as crews fought the flames. a water line burst causing some flooding. nobody hurt. missouri, a fisherman reportedly rescued a 12-year-old who had gotten sucked through a drainage pipe after falling off a bridge into a river south of st. louis. as the current pulled him into the pipe. two men rushed to grab him but soon lost their grip. when the kid came out the under end of that pipe, one rescuer swam after him and gave him cpr. at last check the boy was critical but stable. wisconsin. police radios now in every school in the district west of green bay. the community helped raise some $16,000 toler speed up emergency response time. any got the idea after last september's connecticut school massacre.

florida, worker at miami beach golf course found a bag near the t box. inside, $36,000 in cash and the i.d. of a 76-year-old man. that worker called the police who helped her return the money to the man. he lives in a nursing home. that good samaritan says the cash nearly equals her yearly salary. and that's the fox watch across america. >> shepard: president obama once said that chemical witness in syria would be a red line in the sand. now a new report claims the regime has used those weapons on the rebels multiple times. that's next.

shep set the white house says it's concerned over new claims that syria is using chemical weapons to kill its own people.

something president obama has said would be a game changer. today a top israeli intelligence official claims the syrian regime has used chemical weapons on the syrian officials more than once. if true it could violate the white house's so-called red line the point at which the u.s. would intervene in some way. the big wrench in all of this, nobody is really sure about the very rebels we would be helping. earlier this month an al qaeda off shoot in iraq announced it was joining forces with one of syria's biggest opposition groups. the chief fox report correspondent expwron than shouldn't here. what are they claiming. >> basically shep they are studying. it. it does have some credibility because it comes from the evidence the israeli military intelligence but according to our own secretary john kerry. even the israeli prime minister himself benjamin netanyahu has not yet confirmed the facts of this report. listen. >> i think it's fair tore me to say that he was not in a position to confirm that in the conversation that i had.

and so it's up to him and their process as to when and how they do that. not for me to make any other announcements except to say to you that i don't know yet what the facts are. i don't think anybody knows what they are. >> and with syria not letting any u.n. officials in to study the areas where these alleged attacks are supposed to have taken place. it's unlikely we will ever know really what the facts are here, shep. >> shepard: one of the problems some definitions of what a chemical weapon is. >> there are chemicals that can be used as weapons but are not defined as chemical weapons by the chemical weapons convention. take a look at three of them. for instance. tear gas. mace, white phosphorus. all can do damage. all can kill in certain circumstances. but are not classified as chemical weapons. remember that a tack last month in the province of aleppo. no one knows precisely what was used there. and the white house spokesman says the white house cannot draw any

conclusions without really solid evidence. listen. >> i'm saying that we support investigation. we are monitoring this. and, you know, we have not come to the conclusion that there has been that use. but it is something that is of great concern to us, to our partners. and obviously unacceptable as the president made clear. >> the problem is what is the definition of a chemical weapon that forgives the white house some willing room on much quoted red line more ominously it also gives some wiggle room to president bashar assad of syria. >> shepard: another hot spot in libya. 46 page interim progress report on the attack of the embassy. foreign affairs, the bottom line they prepared it for members of the house republic conference. the initial findings read in part: prior to the benghazi attack, state department officials in

libya made repeated requests for additional security that were denied in washington despite ample documentation of the threat posed by violent extremist militias. former secretary of state hillary clinton said in january she didn't see requests for extra security but tonight's report contradicts that statement. finding reductions of security levels prior to the attacks of benghazi were approved at the highest level of the state department. up to and including secretary clinton. fox news has also obtained a letter top democrats sent tonight to the house speaker john boehner accusing him of politicizing the benghazi inquiry. they asked how the g.o.p. report can be fair when it doesn't include the views of democrats. well, here is something to consider before taking a bite of that burger or grabbing another hot wing. ground beef and chicken have caused more hospitalizations than any other meats. that's according to a new study from a consumer advocacy group which looked at more than 33,000 cases of foodborne illnesses. however despite the overall high risk with chicken it reports chicken nuggets are among the foods posing the

lowest risk. notice they call it chicken nuggets food. and iconic part of the american college gone forever. sad news out of auburn, alabama. after years of trying to reverse the vandalism by a bitter college rival. auburn's historic trees came down today. that's next. flying is old hat for business travelers.

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even in stupid loud places. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. seriously, this is really happening! [ cellphone rings ] hello? it's a giant helicopter ma'am. [ male announcer ] get it done [ chirp ] with the ultraugged ocera torque, only from sprint direct conct. buy one get four free for your business. >> shepard: david bowie ounce posited in song is

there life on mars? now a dutch company is taking applications for folks who want to find out firsthand. mars one plans to fly to the red planet in the year 2022. anyone over the age of 18 can apply. all you need is 38 bucks for the application fee. the company reports it wants folks who are mature and interesting. no previous space travel required. there is a major catch. it's a one-way trip. workers at auburn university cut down a pair of iconic trees on the school's campus until recently auburn fans used the live oaks as a gathering place and a spot to celebrate victories. national championships have been celebrated there. of course, a couple of years ago some rogue alabama fan poisoned the trees after his school lost to auburn. school officials say they plan to redevelop the area where the trees stood. as for the tree poisoner, he is serving six months in jail for criminal damage. court officials say he will

get out on probation which will include a ban on attending any collegiate events. tumors corner. the trees cut down. before we go, our team's top five things of the day. this is number five. france legalized gay marriage and tens of thousands of protesters took to the streets. some demonstrations turned violent. number four the city of los angeles reached a multi-million-dollar settlement with two women. two women who claimed police fired on them in their truck wounding them during a manhunt for an accused k07 killer. number three, the white house says it's open to it a deal to put air traffic controllers back to work after the feds gave them unpaid days off due to budget cuts. number 2. mail screening equipment detected a potentially dangerous substance at the defense intelligence headquarters but an agency spokesman says investigators found no suspicious letters or packages. and number one tonight, a u.s. embassy official says american investigators traveled to russia to

question the parents of these two accused boston marathon bombers. and that's "the fox report's" top five. and on this day in 1982, florida keys residents sustained a so-called succession from the u.s. and established the repuck biblical. it all started with a road block along that long highway to links the keys to the mainland. for years the islands had been a gateway for smuggling drugs into south florida. and when the u.s. border patrol established inspection points right along the overseas highway, outrage locals said the traffic stops made them feel like foreigners. after several unanswered complaints the key west mayor declared the island independence from the union perhaps only a publicity stunt. the border patrol lifted the blockade and the florida keys made a new name for themselves 31 years ago today. and now you know the news